September 4, 2019

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207) 287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 17-229 – Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 308, Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways
PROPOSED RULE NUMBER: 2019-P093 (2nd publication)
BRIEF SUMMARY: This amendment is to update Section 4. “Exemption - Frozen Highways”, to further clarify the restrictions on highways that are considered to be "frozen".
DETAILED SUMMARY: Section 4, “Exemption – Frozen Highways”, added the following restrictions to the section on frozen highways: if the air temperature is 32 degrees Fahrenheit or below and there is water showing in the cracks of the road, the road will still be considered “frozen” if the adjacent gravel driveways, shoulders, or lawns remain frozen.
PUBLIC HEARING: N/A
COMMENT DEADLINE: October 4, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Clifton Curtis, MaineDOT, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3568. Email: Clifton.W.Curtis@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS §2395; 23 MRS §§ 52, 4206.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
MAINEDOT RULEMAKING WEBSITE: https://www.maine.gov/mdot/rulemaking/ .
MAINEDOT WEBSITE: https://www.maine.gov/mdot/ .
MAINEDOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-19
PROPOSED RULE NUMBER: 2019-P156
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954
PUBLIC HEARING: September 19, 2019, Thursday, starting at 1:00 p.m., Room 101, Department of Agriculture, Conservation & Forestry, Deering Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: September 19, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .

AGENCY: 02-280 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Accountancy
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 2, Advisory Rulings; Ch. 3, Examination Requirements; Ch. 5, Certified Public Accountant Licensure Requirements; and Ch. 6, Accounting Firm License Requirements.
PROPOSED RULE NUMBER: 2019-P157 thru P161
BRIEF SUMMARY: The proposed rules delete language allowing the Board to recognize non-public accounting experience that is substantially equivalent to public accounting experience in evaluating whether a certified public accountant initial application has met work experience for licensure. One annual date is proposed by the Board for license renewal for individual certified public accountant and firm licenses. There is a wording change to compel supervisors to verify work experience for CPA applicants in writing. Language has been added to allow the Board to consider work experience for individuals already licensed and under a Mutual Recognition Agreement with NASBA/AICPA. An amendment is proposed to allow the Uniform CPA Exam candidates to retake tests as soon as their score has been posted instead of waiting for a testing window. The measurement of continuing education remains the same, but with the amendments CPE may be completed in smaller increments.
Currently, firm licenses are not renewed until a peer review has been received. Under the new proposed rules, the firm is required to send the peer review report to the Board within 10 days of receipt. The requirement to have 5 years of experience has been deleted as a requirement to be a peer reviewer in accordance with AICPA rules.
PUBLIC HEARING:September 24, 2019 - 9:30 a.m., 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: October 4, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Catherine Carroll, Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8605. Email: Catherine.M.Carroll@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 12214(4), 12227, 12228, 12230, 12232, 12233, 12234, 12252
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: https://www.maine.gov/pfr/professionallicensing/index.shtml .
OPOR RULEMAKING LIAISON: Karissa.Davan@Maine.gov .

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-19
ADOPTED RULE NUMBER: 2019-157 (Emergency)
CONCISE SUMMARY: Minimum September 2019 Class I price is $21.10/cwt. plus $1.53/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $0.47/cwt. handling fee for a total of $24.34/cwt. that includes a $0.20/cwt. Federal promotion fee. 
EFFECTIVE DATE: September 1, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054; 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .

AGENCY: 16-163 - Department of Public Safety (DPS), Maine Emergency Medical Services (EMS)
CHAPTER NUMBER AND TITLE: Ch. 19, Community Paramedicine
ADOPTED RULE NUMBER: 2019-158
CONCISE SUMMARY: This rule is intended to establish guidelines under which the Emergency Medical Services Board may issue a Community Paramedicine designation to an entity that is applying for such a designation under 32 MRS ch. 2-B §84(4).
“Establishment of community paramedicine services. The board may establish community paramedicine services. As used in this subsection, "community paramedicine" means the practice by an emergency medical services provider primarily in an out-of-hospital setting of providing episodic patient evaluation, advice and treatment directed at preventing or improving a particular medical condition, within the scope of practice of the emergency medical services provider as specifically requested or directed by a physician.
“The board shall establish by rule the requirements and application and approval process of community paramedicine services established pursuant to this subsection. At a minimum, an emergency medical services provider, including, but not limited to, an ambulance service or nontransporting emergency medical service, that conducts community paramedicine services shall work with an identified primary care medical director, have an emergency medical services medical director and collect and submit data and written reports to the board, in accordance with requirements established by the board. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.”
EFFECTIVE DATE: August 31, 2019
MAINE EMS CONTACT PERSON: Jason A. Oko, Maine Emergency Medical Services, 152 State House Station, Augusta, ME 04333-0152. Telephone: (207) 626-3863. Email: Jason.A.Oko@Maine.gov .
MAINE EMS WEBSITE: http://www.maine.gov/ems/ .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Manual, Rule #207A: Section FS-555-5, Homeless Shelter Deduction
ADOPTED RULE NUMBER: 2019-159
CONCISE SUMMARY: This rule changes the value of the homeless shelter deduction from $143 to $147.55. This value is used in the budgeting of Food Supplement benefits for homeless households which incur or reasonably expect to incur shelter costs during a month, unless higher shelter costs can be verified.
See http://www.Maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: September 3, 2019
OFI CONTACT PERSON: Ian Miller, Food Supplement Senior Program Manager, Office for Family Independence, Department of Health and Human Services, 109 Capitol Street – 11 State House Station, Augusta, ME 04333. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov .
OFI WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS WEBSITE: http://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 02-322 - State Board of Licensure for Professional Engineers (affiliated with the Department of Professional and Financial Regulation – PFR)
CHAPTER NUMBER AND TITLE: Ch. 5 (repeal and replace), Application and Licensure Fees
ADOPTED RULE NUMBER: 2019-160
CONCISE SUMMARY: Ch. 5 is being repealed and replaced. The new chapter eliminates specific fees that are no longer required, such as the fee for replacement licenses or certificates and the fee for temporary licensure. In addition, application, licensure, renewal, and late fees are being increased to eliminate budget deficits and meet projected budgets.
EFFECTIVE DATE: September 8, 2019
BOARD CONTACT PERSON / RULEMAKING LIAISON: David Jackson, Executive Director, State Board of Licensure for Professional Engineers, 92 State House Station, Augusta, ME 04333-0092. Telephone: (207) 287-3236. Email: David.Jackson@Maine.gov .
BOARD WEBSITE: http://www.maine.gov/professionalengineers/ .
PFR WEBSITE: http://www.maine.gov/pfr/index.shtml .